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Dec 15 2014

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

Decided on : Dec-15-2014

Subject : Service Tax

of the Finance Act, 1994 as amended. The 3rd Respondent is the Central Board of Excise and Customs whereas the 5th respondent is the Ministry … practicing advocate prays for the following reliefs:- “(a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of … marked as Exhibit B).” 18. There is further affidavit in reply filed by respondent No.4 on 13th January, 2012. In para 5 and 9 of the same this is what is stated:- “5. I say that while … India reflects the quest and aspiration of the mankind for justice. Its preamble speaks of justice in all forms; social, economic and political. Article 39A

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Nov 13 2019

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Decided on : Nov-13-2019

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … formulation of core issues arising for adjudication.3. The Madras Bar Association has preferred Writ Petition (Civil) No.267 of 2012 seeking the following reliefs:1. “i. A writ of mandamus, directing the Union of India, to implement the directions … From the compilation of the learned Attorney General, it appears that the Central Administrative Tribunal, the Intellectual Property Appellate Board, the Armed Forces Tribunal, the … the particular Act with which the Court has to deal including its preamble. Further it appears to us that the nature of the body to

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Oct 19 2022

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Decided on : Oct-19-2022

Subject : Land Acquisition

Aids to interpretation (i) History of the legislation 107. The amendments (i.e. Finance Act 2008, Finance Act 2009, Finance Act 2012 and Finance Act 2015) do not throw light - by way of statement of objects and reasons or … the taxable territories to charitable purposes which tend to promote international welfare in which India is interested, the Central Board of Revenue may, by general or special order, direct that it shall not be included in the … it functions on “no profit-no loss” basis as is evident from the preamble48, the aims and objectives49 of the board as well as Sections 3,

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May 01 2014

Present: Mr. K.S. Sidhu Sr. Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

Decided on : May-01-2014

Subject : Education

of the petitioner-university is that it is a Body Corporate and a University established under the Adesh University Act, 2012 (in short 'the 2012 University Act'). The petitioner-university is being managed and controlled by the Adesh Foundation-petitioner No.2, … statutory rules, regulations, norms, etc. of the regulatory bodies established by the Central Government, in particular the UGC, and provide all such facilities and assistance … notified on 11.06.2010, in pursuance of which the petitioner-university was notified. The Preamble provides that to attract high quality private sector investment and expertise in … petitioners were not to be covered under the 2006 Act. It was pleaded that the University is self financed and is not receiving any grant of financial assistance from the State Government and, therefore, the control of

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Mar 20 2014

Vodafone South Limited and Another Vs. the Deputy Director of Income T ...

Court : Karnataka

Decided on : Mar-20-2014

Subject : Education

dwell more on this aspect which would have been possible had the petitioner questioned the legality of the Finance Act, 2012, inserting Explanations 5 and 6 to Section 9(l)(vi) of the Act. 47. I need to emphasize that the … there is a treaty between the tax assessee in India and NTO based on foreign policy of the Central Government, agreements are entered into to prevent double taxation, and they are styled as DTAAs (Double Taxation Avoidance … received my serious consideration. 31. I have already referred to in the preamble of this order that there is no dispute on facts. Admittedly petitioner

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Mar 20 2014

Vodafone South Limited and Another Vs. the Deputy Director of Income T ...

Court : Karnataka

Decided on : Mar-20-2014

Subject : Education

dwell more on this aspect which would have been possible had the petitioner questioned the legality of the Finance Act, 2012, inserting Explanations 5 and 6 to Section 9(l)(vi) of the Act. 47. I need to emphasize that the … there is a treaty between the tax assessee in India and NTO based on foreign policy of the Central Government, agreements are entered into to prevent double taxation, and they are styled as DTAAs (Double Taxation Avoidance … received my serious consideration. 31. I have already referred to in the preamble of this order that there is no dispute on facts. Admittedly petitioner

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May 18 2023

The Animal Welfare Board Of India Vs. Union Of India

Court : Supreme Court of India

Decided on : May-18-2023

Subject : Land Acquisition

and parcel thereof as if they were contained in the parent Act. In the case of Peerless General Finance and Investment Co. Ltd. and Another -vs- Reserve Bank of India [(1992) 2 SCC343, it was held:- “52. … registered in accordance with the provisions of this Chapter; (ii) as a performing animal, any animal which the Central Government may, by notification in the Official Gazette, specify as an animal which shall not be exhibited or … of the State of Tamil Nadu which is so provided in the Preamble of the Amendment Act of that State. Preamble of the Tamil Nadu

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Aug 14 2018

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

Decided on : Aug-14-2018

Subject : Land Acquisition

document is the Report on Trend and Progress of Banking in India 2011-2012 for the year ended 30-6- 2012 submitted by Reserve Bank of India to the Central Government in terms of Section 36(2) of the Banking … to cover the entire field with regard to the conduct of the chits and further that the State Finance Act 7 of 2002, introducing Section 4(1)(a) into the State 1975 Act, was void as the State Legislature was … interpretation of statutes. Usually, if not invariably, such an Act contains a Preamble, and also the word “declared” as well as the word “enacted”.’ But

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May 28 2014

Nokia Corporation Vs. Bharat Bhogilal Patel

Court : Delhi

Decided on : May-28-2014

Subject : Intellectual Property

dated October 29, 2007 issued by the Central Board of Excise and Customs, Department of Revenue, Ministry of Finance, Government of India clearly stipulates that the Customs ought to exercise extreme caution at the time of determination … Board numbered as TRA/5&6/2008/PT/MUM and Ld. IPAB vide order dated June 12, 2012 revoked the aforesaid patents on the ground that they lacked novelty and … down that:“Claims in patents are typically drafted in the form of a preamble, transition and one or more elements. Each element constitutes a limitation or … the aforesaid representations have been filed by the plaintiffs in the present proceedings.10. Further, being aggrieved that no action was taken on the registrations granted, the Defendant filed a writ petition before the High Court of Bombay

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Jan 27 2016

K. Ramajayam @ Appu Vs. The Inspector of Police, T-4, Maduravoyal Poli ...

Court : Chennai

Decided on : Jan-27-2016

Subject : Criminal

Television Units in Public Buildings) Rules, 2012, the preamble of which reads as under: "As a measure … 9.00 a.m. he went to the shop and was there for some time, and later went to Sriram Finance, Virugambakkam; and that when he returned back to the shop, he found his brother on the floor in … of Police, T-4 Maduravoyal Police Station registered a case in Cr.No.491 of 2012 at 2.00 p.m on 14.4.2012 for the offences under Section 302 read … accepted by the Court graduates into the opinion of the Court. The Central Government has not yet issued notification under Section 79A of the Information … the occipital region." As to the cause of death, which is relevant under Section 7 of the Evidence Act, Dr.Selvakumar (PW-21) has stated that 'the deceased would appear to have died of shock and haemorrhage due to

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